Colston v. Carlos A.

Opinion

KINGSLEY, Acting P. J.

This is an appeal from an order of the juvenile court, finding the minor to be a person coming within section 602 of the Welfare and Institutions Code, declaring him a ward of the court and placing him on probation. He has appealed from that order (Welf. & Inst. Code, § 800); we affirm.

Section 602 of the Welfare and Institutions Code provides as follows; “Any person under the age of 21 years who violates any law of this State or of the United States or any ordinance of any city or county of this State defining crime or who, after having been found by the juvenile court to be a person described by Section 601, fails to obey any lawful order of the juvenile court, is within the jurisdiction of the juvenile court, which may

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adjudge such person to be a ward of the court.” The petition filed herein alleged that the minor was a person coming within that section in that he had violated section 23102 of the Vehicle Code (misdemeanor drunk driving).

The case was heard on a stipulation of facts reading as follows: “It is stipulated that the minor was operating the vehicle at the time of the accident; that he remained at the scene of the accident in compliance with Vehicle Code Section 20002, subdivision (a);

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that it was later determined by observation of his physical symptoms and conduct at the scene of the accident that he was under the influence of alcohol at the time and place of the accident and that both at the scene of the accident and later at the police station he refused to take any physical tests and stated that he was too drunk to pass them.”

It is here conceded that the admission of intoxication by the minor was a “fruit” of the original physical observations by the officers, and that the admissibility of the observations and the admission turns on the issue hereinafter discussed.

It was urged in the court below, and is urged here, that this evidence is inadmissible under the so-called “use-restriction” doctrine announced by the Supreme Court in

Byers

v.